RESOLUTION TO NCWNZ NATIONAL EXECUTIVE CONFERENCE 2013 – Marriage
Submitted by BPW NZ
Resolution :
That NCWNZ:
Responds to Clauses 21 and 37 of the July 2012 New Zealand “Concluding
Observations of the UN Committee on the Elimination of Discrimination Against
Women” by supporting measures to prohibit underage and forced marriages and
through the promotion of measures to protect women harmed by polygamy and
dowry-related violence.
Rationale:
The UN Committee on CEDAW is concerned about the reports of forced marriages among migrant
communities and regrets that there is no legislation to prohibit underage and forced marriages. The
committee is further concerned that the rights of migrant women in terms of family law, particularly
forced marriages, polygamy and dowry-related violence have not been sufficiently addressed in law
and practice and that girls as young as 16 years could marry with parental consent. The State Party
(NZ Government) must within 2 years, report to the Committee to identify steps taken since the 7th
Periodic Report in 2012, to implement the recommendations in Clauses 21 and 37, with a full report
due in 2016.
Currently in NZ, the marriageable age is 18 years. Marriage is illegal under the age of 16, however
16 and 17 year olds (minors – defined as “children” in the Convention on the Rights of Children)
who wish to marry can do so with parental consent. This occurs on average about 80 times per
annum with 80% of those being girls. There is real concern and knowledge/proof within Shakti
(Shakti Community Council Inc NZ /Asian Women’s Support Group) that many of these 16-17 year
olds are being forced into marriage.
A forced marriage is one where one or both people do not consent to the marriage and pressure or
abuse is used. It is difficult for young people, who are not in a position of power, to refuse to marry
their parents’ choice of a partner, and who is not their choice of a partner in marriage. In December
2012, the NZ Police signed a letter of agreement with Child Youth and Family, Work and Income
and Family and Community Services (part of Min. of Social Development), the Min. of Education
and Immigration NZ, which outlines an interagency response for victims of forced marriage in New
Zealand.
Shakti Senior Advisor Shila Nair, reported in November 2012 (at PWW’s AGM “Driving Forward
Equality for New Zealand Women”), that the Government has thus far, (since reporting to CEDAW
in July 2012), been non-responsive on this issue regards legislation, but she acknowledged that
Member of Parliament (until 16 April 2013), Dr Jackie Blue, had introduced a Private Member’s Bill*
which proposes judicial intervention and consent for young people 16-17 yrs having to get married,
either by choice or through an arranged alliance. Shila stated this is a good start but much more
needs to be done in terms of ensuring the physical and emotional safety of young migrant women.
Many of these young women die from complications in childbirth, are victims of abuse/domestic
violence, commit suicide or become victims of murder by the partner or a family member.
The Convention on the Rights of the Child, states that a person is a child until 18 years of age.
Young women with the immature body of a child should not be forced to undergo sexual relations
without her consent, (legal age of consent is 16 years) and to become pregnant and bear children
until her body is mature enough to cope with this.
There was no minimum age for marriage set in law until 1933 (when 16 years was set as the
minimum age for non-Maori male and female. In 1939 the same provision was applied to Maori
marriages). NCW NZ has 1933 policy “1.8.1.4 a) That the marriage age be raised to 16 for both
sexes. And b) That the age of marriage for minors be 16 years instead of 12 for girls and 14 for boys
as at present.”
*Dr Jackie Blue, had introduced a Private Members Bill “Marriage (Court Consent to Marriage of
Minors) Amendment Bill” to amend the “Marriage Act 1955”, proposing that 16-17 year olds who
wish to marry must apply to the Family Court, and sets out how the court is to consider the
application. The Bill would give some protection to minors, but is still waiting to be drawn from the
Ballot Box. Zonta International District 16, has already requested that the Prime Minister, the
Minister of Women’s Affairs and the Minister of Social Development accept this as a Government
sponsored Bill to ensure it is open for debate and select committee consideration. This becomes
even more urgent with the resignation of Dr Blue as an MP, and her appointment as the EEO
Commissioner for the NZ Human Rights Commission.
Action Plan
Through a letter writing campaign and submissions
 NCWNZ urge the New Zealand Government in response to Clauses 21, 37 and 38 of the
July 2012 New Zealand “Concluding Observations of the UN Committee on the Elimination
of Discrimination Against Women” to introduce legal measures to prohibit underage and
forced marriages and promote measures to protect women harmed by polygamy and dowryrelated violence.
 NCWNZ urge the Prime Minister, the Minister of Women’s Affairs and the Minister of Social
Development to promote Dr Jackie Blue’s Marriage (Court Consent to Marriage of Minors)
Amendment Bill to progress this as a Government sponsored Bill for urgent debate and
submission.
 NCWNZ introduce policy at Conference to raise the legal age of marriage to 18 years,
without any exceptions for parental consent, so that NCWNZ can respond and submit to Dr
Blue’s Bill to bring it in line with the Concluding Observations of the UN Committee on the
Elimination of Discrimination Against Women (July 2012)